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(영문) 서울행정법원 2016.01.22 2015구단15269
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 13, 2009, the Plaintiff filed an application for refugee status with the Defendant on November 11, 2013, 2013, prior to the expiration of the period of stay ( November 12, 2013), when having entered the Republic of Korea as a foreigner with the nationality of the Republic of the Netherlands (hereinafter “NE”) and staying in the Republic of Korea as a non-professional employment (E-9) sojourn status.

B. On September 2, 2014, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff’s right of autonomy was asserted in the East Eastern region and a national movement was established by the labor force of Kirat Jababdi Workers (hereinafter “SJM”) at around 2009, when the labor force of the party to the party political party was separated from around 2009, and then Samyukta Jya Muba (hereinafter “SJM”).

SJM is an armed political organization that claims autonomy in the region of four arms and conducts a national movement, and it is an organized and planned act to achieve political objectives by forcing SJM to participate in a political ideology and contribute to the operation of an organization.

In around 199, the Plaintiff joined the Rotriya Praja Preliminary (hereinafter “RP”) which is a political party that has the character of supporting the military subject by defending the king in around 1999, and was engaged in political party activities as the representative of the high local area from around 2005 to around 2009, and was forced from around 2008 to pay donations and to join the organization.

SJM had a blade around September 2008 and January 5, 2009, and threatened the plaintiff. On October 17, 2013, SJM displayed group flagpoles at the plaintiff's house and claimed it as his house.

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